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(영문) 춘천지방법원 원주지원 2016.05.31 2016고단284
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On March 1, 2016, the Defendant driven the above vehicle on March 1, 2016, while driving the vehicle, and driving the road of the three-lane in the vicinity of the 1-lane 26 U.S. Sinju-do, Mang-si, the Gunju-si, which is located in the 26 U.S. Sinsan-dong, into the international apartment protection area from the original main area to the international apartment protection area, led to the right-hand phase.

At the time, the crosswalk is installed. At the time, the victim D (19) was walking along the above crosswalk to the right side of the left side of the vehicle driving direction of the defendant, so the person engaged in driving the motor vehicle has a duty of care to properly check whether there is a pedestrian walking along the crosswalk, which reduces speed and safely drive the road, and to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it was by negligence and received the victim with the part on the left side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer multiple diversities of the diversary executives who need approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] No person who does not have the basic field (4 months to October) (the person subject to special sentencing) (the person subject to special sentencing) of the first type of traffic accident (the scope of the recommended punishment) [the decision of the sentence] 4 months without prison labor, the defendant for 2 years in the suspended sentence was shocked by the victim who was frighted on the crosswalk due to his/her failure to perform his/her duty of care while driving, and the injury suffered by the victim

However, it is against the defendant's wrong and 4 million won in the future of the victim.

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